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Divorce & Legal Separation

Divorce, Legal Separation

Considering Divorce?

Colorado Springs Divorce Attorney

If you’re looking for a Colorado Springs divorce attorney that offers a wide range of personalized divorce-related services to our clients, look no further than The Drexler Law Group. At The Drexler Law Group, our clients receive personalized service and straightforward legal advice without insulting your intelligence or judging you.

As it turns out, the attorneys at The Drexler Law Group have experienced the process, pain, emotion, and embarrassment of divorce and child custody issues. We understand that even the most well-intentioned marriage may take a different course throughout the years.

Although the attorneys at The Drexler Law Group are experienced at handling a wide variety of domestic relations matters, we are not generally fans or proponents of divorce or legal separations. Our mission is not to divorce couples; rather, our mission is to help those who find themselves in a situation where a relationship is no longer working out. Perhaps the parties have simply drifted apart, or the other party can no longer meet the needs upon which the marriage was established in the first place. In other cases, the marriage or relationship may have become destructive, combative, repressive or controlling.

Whatever the reason for the deterioration of the relationship, you must know your options before jumping into a divorce or legal separation. The first analysis is which path is the more appropriate option: divorce, legal separation or annulment.

 

Dissolution of Marriage (Divorce) vs. Legal Separation

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Dissolution of Marriage: Is that for me?

Although most cases in Colorado in which couples split end in a divorce, some cases are resolved by a legal separation. The only true difference between a legal separation and a divorce is that the parties are still technically married but apart at the end of the proceedings.

  • The procedures for legal separation are almost identical as the process for divorce (aka dissolution of marriage).
  • The court will still be tasked with allocating parental responsibilities including parenting time (physical custody), decision-making (legal custody) and child support.
  • The court will also divide or allocate martial property, assets and debt and even award spousal maintenance (alimony) where appropriate.

Both a divorce and legal separation have a 91-day “waiting” or “cooling off” period that starts the date of the filing and service of the Petition for Divorce (or Legal Separation). The vast majority of cases take much longer than the 91-day period, even if the parties fully agree on everything except child custody or a parenting time schedule. If a single issue is contested, the court will conduct a hearing and the parties will need to participate in court-ordered mediation to resolve the contested issues prior to involving the judge.

  • In Colorado, a legal separation is not at all a shortcut or a required step to divorce. It is also important to understand that simply moving out or separating physically does not result in a legal separation even if you end up filing for divorce.

 

Legal separation can be beneficial

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Legal Separation: What to consider

Perhaps the parties wish to maintain health insurance coverage, continue eligibility for retirement benefits or military privileges, or perhaps the couple wishes to be known as a marriage couple in the public. In some cases, a legal separation may be better accepted by one of both of the parties and allow the parties to proceed in a less hostile or adversarial manner. Once the court approves a legal separation, the parties are bound by the terms and orders of a legal separation for a period of six (6) months.

  • In some cases, fundamental religious principles prevent a party from seeking a divorce immediately, but nonetheless the parties desire to separate the other legal facets of their life.
  • For example, your particular religion may not permit a divorce until the church determines an annulment or other basis for invalidating a marriage exists.
  • Nonetheless, it is important to protect yourself by separating your financial lives to prevent the other party from incurring debt in your name or from acquiring assets or property without your consent.

If you are considering a divorce or legal separation, The Drexler Law Group can help you choose the correct path based on your unique circumstances and can represent you throughout the entire process, so you can make important decisions after understanding all of your rights and what you are entitled to from a divorce or legal separation.

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The knowledge you expect,
The compassion you deserve.

We appreciate that you are looking for dedicated and zealous representation and someone to fight for your rights. When you call The Drexler Law Group, that's exactly what you'll get. The attorneys and staff at The Drexler Law Group are friendly, experienced and professional. We are client-centered, results-focused and loyal advocates for our clients.

Don't hesitate to contact us immediately to schedule a consultation. You can call us at (719) 471-8000, or email us at info@drexlerlawgroup.com.